Kr.Sathaiah v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.4552 of 2019 1 KR.SATHAIAH ... 1st PETITIONER / ACCUSED No.1 2 K.BOSE ... 2nd PETITIONER / ACCUSED No.2 Vs THE INSPECTOR OF POLICE VELAYUTHAPATTINAM POLICE STATION, SIVAGANGAI DISTRICT.
(IN CRIME NO.24/2019) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.M.DINESH for MR.S.ANANDHA RAJAGOPAL Advocate For Respondent : Mr.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 363 of IPC in Cr.No.24 of 2016, on the file of the respondent police, seek anticipatory bail.
2.It is the case of the prosecution that the petitioners are arrayed as A1 & A3. The defacto complainant and the petitioners are also friends. In order to grab money, the petitioners along with other accused persons kidnapped the defacto complainant. Hence the complaint.
3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He would further submit that some of the accused persons were arrested and released on bail, since he prayed for granting anticipatory bail.
4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioners are A1 & A3. A2 is already secured. However, there is no previous case pending
against them. Hence, this Court may considering the anticipatory bail application of the petitioners.
5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Devakottai on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioners shall report before the respondent police daily morning at 10.30 a.m and evening 4.30 p.m., until further orders;
(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners shall not abscond either during investigation or trial;
(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 27/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI.
2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3 THE INSPECTOR OF POLICE, VELAYUTHAPATTINAM POLICE STATION, SIVAGANGAI DISTRICT.
4 ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
+1. CC to Mr.S.ANANDHA RAJAGOPAL Advocate SR.No.5639 PS/MMS/SAR-3/29.03.2019/3P/6C
ORDER
IN CRL OP(MD) No.4552 of 2019 Date :27/03/2019